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by those closest to the scene of the accident. Bystanders clear support is

essential to enhance the chances of survival of victim in the ‘Golden Hour’ i.e.

the first hour of the injury. As per the WHO India Recommendations, 50% of

the victims die in the first 15 minutes due to serious cardiovascular or nervous

system injuries and the rest can be saved through by providing basic life

support during the ‘Golden Hour’. Right to life is enshrined under Article 21

which includes right to safety of persons while travelling on the road and the

immediate medical assistance as a necessary corollary is required to be

provided and also adequate legal protection and prevention from harassment to

good Samaritans.

6. In letter dated 9.9.2004, Joint Secretary, Department of Road Transport

and Highways addressed to all the State Governments and Union Territories, it

has been highlighted that the WHO in its World Report on Road Traffic Injury

Prevention, 2004 has pointed out that “while in high-income countries, there is

a reasonably well-organised ambulance based rescue system, in middle and

low-income countries, assistance by bystanders is most common. In our

country, while organizing of trauma care apart of intervention is also required,

there is another factor, namely, relative ignorance on part of public to come

forward to help the road crash victims, for apparent fear that they might be

involved in “police cases.” The letter further states that Research shows that a

number of the accident victims can be saved if they receive immediate medical

attention.” The letter also admits that due to fear of harassment people do not

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